Taskforce QuestionsChanhassen, MN 55317
3 RD ADDENDUM TO OUR LETTER TO
CITY OF CHANHASSEN —P LANNING DEPARTMENT
JULY 18, 2022
The following is a 3rd Addendum to the 28-page Letter of Concerns originally submitted on April 4,
2022, to the City of Chanhassen by the Whitetail Cove and Pointe Lake Lucy neighborhood task
force. To date, the City has not formally responded to many of the task force questions identified in
the initial Letter or the 1st Addendum submitted to the City on May 4, 2022 or the 2nd Addendum
submitted to the City on July 8, 2022. For the record, the task force has not received any response
from the RPBCWD either.
Our Letter, 1st Addendum, 2nd Addendum and now this 3rd Addendum are all in regards to the
Application for Development Review originally submitted by Gayle Morin on January 28, 2022, to the
City of Chanhassen (aka Gayle Morin Addition -- Rezoning and Subdivision with Variances
project (Case# 2022-03)) and subsequent filings by the Applicant. The proposed rezoning is from
Rural Residential to Single-Family Residential development.
The questions posed in this 3rd Addendum are based on all of the documents submitted since July 8,
2022. There are certain elements in those documents that are of concern which will cause potential
adverse impacts to the surrounding neighborhood homes, and particularly, those located at 6675 and
6679 Lakeway Drive, Chanhassen, MN 55317. The task force certainly appreciates the work of the
RPBCWD, however, we still disagree with it issuing a Conditional Approval for the Morin
Development Project. Additionally, the task force also disagrees with the City Staff Department ’s very
recent recommendation to the City Planning Commission to “conditionally approve” the Applicant’s
motion to proceed with the development process. We “discovered” this new document late Friday
night, July 14th, 2022, inserted into the Planning Commission meeting agenda section of the website.
Unfortunately, it is not listed in the “Project Documents” section of the City’s Planning Department
website for this project case where all previous 37 other project documents have been listed for the
public to view. Accordingly, the task force and other public parties have had very little time to “react”
to this new information.
The task force respectfully requests the City deliver a copy of this 3rd Addendum to the Applicant, the
Planning Commission, the RPBCWD, and the City’s own internal review departments so these new
questions, and concerns, can also be considered as part of the Appointed Managers formal review of
the Morin project at the July 19, 2022, Planning Commission meeting. Additionally, the task force
requests this document be posted on the City’s Morin Development project case website under the
project documents portion of such website, so it is readily transparent to the public.
We look forward to attending and speaking at the Planning Commission Meeting on July 19th at 7pm.
The respective neighborhood homeowners are hopeful that their questions and concerns will be
addressed and answered. We respectfully ask that the Appointed Members of the City Planning
Commission to act in accordance with the “prudent man” principle where a reasonable person uses
common sense and exercises average care, skill, and judgment in conduct that society requires of its
members for the protection of their own and of others' interests.
Sincerely,
Task Force Members:
Don J. Giacchetti Heide Ahmann Douglas Ahmann Chris Mozina
612-328-2853 612-518-6643 612-750-4223 315-622-8119
don.giacchetti@tactsolutions.com heideahmann@gmail.com douglasahmann@gmail.com cmozina@msn.com
6679 Lakeway Drive 6700 Pointe Lake Lucy 6700 Pointe Lake Lucy 6670 Pointe Lake Lucy
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The following items are found in the PDF file (filename--- “ staff_report_preliminary_final “
discovered on and downloaded from the City website Friday late Friday night, July 14th, 2022, as
it was inserted into the Planning Commission meeting agenda section of the website. It is the
City Staff recommendation for conditional approval.
Page 1
Q: What are the four outlots”? Correction noted
Comment: The private road off Lakeway Drive remains Lakeway Drive. Homeowners do not
use Lakeway Court as a mailing address or google map location. All of our mailboxes are on
Lakeway Drive.
Page 6
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Q: The services agreement exists between the new home -owner and what other party? This is a
private matter
Q: What purpose does 7 feet of right-of-way serve on Lake Lucy Road?
Collector Streets must maintain an 80 foot width. The additional 7 feet will bring the
Right-of-Way into compliance
The existing conditions survey now appears to meet all applicable requirements from Section 18 -
40 of Ordinance.
The section of code that is referenced is for the design of septic systems, because the
development will be connected to city sanitary sewer these regulations do not apply.
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The section of code that is referenced is for the design of septic systems, because the
development will be connected to city sanitary sewer these regulations do not apply.
Grading Plan – Sheet C3.0
The City applies city code requirements and state law in
reviewing subdivision plans related to surface water. In so doing, the City is general
immune from liability in suits by abutting landowners related to its approval of the
subdivision and plans. As to the run-off caused by the property owner’s development of
the property, Minnesota follows the reasonable use doctrine.
Grading Plan –
Sheet C3.0
Grading Plan
– Sheet C3.0
Grading Plan – Sheet
C3.0
None proposed
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The city code
addresses setbacks, hard surface, building height, etc. the city does not control the
house design as long as it meets ordinance requirements.
The applicant submitted a complete
application, as determined by city staff, which is effectively a waiver of any submittals
deemed inapplicable to the proposed application.
No variances are requested with this application.
Q: “Lots” is used in plural in the above information on grading. Is there grading to be done on the
existing home lot in addition to the new lot? New lot only
Q: What does “mass grading mean? What kind of construction equipment needs to be deployed
(types and weight)”?
Mass grading refers to the construction activities used to prepare the site for home
construction, construct stormwater Best Management Practices (BMPS) and install
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utilities. Standard construction equipment is typically used – excavators, bulldozers, skid
steers, ect.
Q: How much devastation will occur on which specific lots and is this when trees get torn out?
Grading is limited to lot 2 as shown on sheet C3.0
Q: Who is the “developer”? Has not been selected Has one been identified? No
Q: What does that mean? The lot will prepared for home construction with minor grading
to fit the footprint of the home to be built.
Q: Who is the “builder”? Has not been selected ...Has one been identified? No
Page 8
Q: What happens if there are changes to the drainage in these areas? The design meets City
of Chanhassen rules and regulations that regulate stormwater design and wetlands. The
design shows no material chances to both upstream and downstream properties.
Q: What about all the extra water from new impervious surfaces draining into Wetland A and
new artificial bio-drain and new SWM flow into the existing natural creek flowing into Wetland
B….that is “disturbance” to the ecosystem….isn’t it? The additional impervious area is
mitigated by the Best Management Practices (BMPS) constructed onsite. Wetland A
was modeled and the analysis showed no adverse impacts to the wetland/conveyance
channel. The 100 year HWL of wetland A is slightly lower in the proposed condition
which acts to decrease flooding risk to surrounding properties.
Q: Does the City “guarantee” that there will be no adverse effects to neighbors’ property or
surrounding ecosystem from these changes? The design meets City of Chanhassen rules
and regulations that regulate stormwater design and wetlands. The intent of these
rules and regulations are to protect water resources and residents from adverse
impacts caused by stormwater. The design also meets watershed rules and
requirements that were created for the same general purpose.
Q: What are the risk levels???
Q: Whom are the parties liable if “the plan” does not work out? …the City, RPBCWD, the
developer, the builder, Civil Site Group, others??? Generally, the government entities
would have immunity. This is a question for legal counsel of anyone bringing an
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action in the matter to determine and would be based on the facts as to how “the
plan” does not work out.
Page 8-9
STREET
Q: What specifically will be done with the existing “dead-end turnaround” road to upgrade it for
heavier vehicles to access the new home and driveway? The applicant is required to verify
a 7-ton road is in place which would meet city ordinance for private street weight
standards.
Q: What “guarantee” is there, and from whom, that such new development construction of an
upgraded turnaround road will not cause the ecosystem to change with water now draining
onto neighbors’ property and causing damage? Unknown at this time if an upgraded
turnaround is necessary – however all improvements are required to meet the rules
and regulations of all jurisdictions.
Page 13
FINDINGS
Q: With so many detailed requirements laid out in the approved Conditional Approval from the
RPBCWD and the recently issued City Staff Recommendation Report:
How will the City enforce compliance in order to avoid the implementation being fraught with
potential errors and mistakes by City Staff and others which has happened in other cases
(For Example Case #00-8 VAR June 20, 2000)
Today, conditions of approval are digitized and they are checked against the property at
the time of building permit.
Q: How will this all get tracked to ensure that and future development complies with all such
requirements?
Today, conditions of approval are digitized and they are checked against the property at
the time of building permit.
Q: Will the RPBCWD and/or the City enforce the CA conditions or issue “variances” to
accommodate the developer/builder to the detriment of the neighboring homeowners and
larger community?
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No variance is being requested.
Q: What visibility and transparency will the City and other involved agencies allow for the public
to monitor the process?
All records submitted related to the applicant’s requests for approvals are public.
Information is posted on the City’s website. Public Hearings are published and
advertised.
Q: What circumstances and conditions would cause the City to stop the development of this
project?
Failure of the applicant to meet the requirements identified in City Code for approval of
the subdivision or reasonable conditions of approval imposed by the City that are
consistent with the ordinance or state law. Failure to pay any required fees.
Q: Is the City aware of the Bald Eagle nesting on or in extremely close proximity to the Morin
property? Is the City aware of the legal ramifications of disturbing a Bald Eagle’s habitat?
Has the City done a study to ensure no Bald Eagle habitat will be disturbed or destroyed
during construction or after?
The developer will comply with any mandates regulating Bald Eagles.